← Library
Madras High CourtWP(MD)/8460/2022disposed of

Lalitha v. The District Revenue Officer

2022-04-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8460 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8460 of 2022 Lalitha ... Petitioner /Vs./ 1.The District Revenue Officer, Madurai District, District Collector Office, Madurai.

2.The Tahsildar, Vadipatti Taluk, Madurai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to implement the order in Ni.Mu.No.34561/2018/G5 dated 18.10.2021 on the file of the 1st respondent.

For Petitioner : Mr.K.Vinoharan, For Mr.G.Prabhu Rajadurai For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the second respondent to implement the order of the first respondent dated 18.10.2021. According to the petitioner, the first respondent, by his order dated 18.10.2021 has directed the second respondent to correct the patta in terms of the petitioner's representation.

2.Heard Mr.K.Vinoharan, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

3.According to the petitioner, till date the second respondent has not passed the final orders. It is also contended by the petitioner that the second respondent is not passing final orders on account of pendency of a writ petition in WP(MD)No.20230 of 2021. According to the petitioner, no interim order has been granted in the said writ petition.

4.No prejudice would be caused to the second respondent, if the second respondent passes final orders in compliance with the directions issued in the order of the first respondent dated https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8460 of 2022 18.10.2021 referred to supra, if there is no legal or statutory bar for the same.

5.Mere pendency of the writ petition does not prohibit the second respondent from passing final orders. There must be a stay order prohibiting the second respondent from passing the final orders. If there is no stay granted by any Court or there is no statutory bar, there is no prohibition for the second respondent to issue final orders based on the first respondent's direction issued in his order dated 18.10.2021.

6.For the foregoing reasons, this Court directs the second respondent to pass final orders in the light of the directions given by the first respondent in his order dated 18.10.2021 on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Admin I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Revenue Officer, Madurai District, District Collector Office, Madurai.

2.The Tahsildar, Vadipatti Taluk, Madurai District.

+1 CC to M/s.G. PRABHU RAJADURAI, Advocate ( SR-22452[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23244[F] dated 02/05/2022 ) W.P.[MD]No.8460 of 2022 28.04.2022 MGJ(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2